The Supreme Court denied bail to Umar Khalid and Sharjeel Imam in the Delhi riots case, terming them ‘main conspirators’. The court held that prolonged detention cannot be the sole ground for bail in a UAPA case due to the gravity of the offence.
SPP Explains Court’s Rationale
Speaking to ANI, Nair said, “The Supreme Court, after examining the entire evidence that was available against them, has held that these were the main conspirators. So, holding them to be the masterminds, the Supreme Court has denied bail to them. SC has held that delay would not act as a trump card, and considering the gravity of the offence, their individual role, and the evidence available against them, they do not deserve the liberty of pay.”
Nair explained that the defence had primarily argued for bail, citing the considerable time already spent in jail and the slow pace of the trial. “The entire argument was focused on delay. The argument was that since they have spent a considerable period of time inside the jail, they should be granted bail because the trial is likely not to be finished in the near future. Rebutting that argument, the SC said that delay cannot be the sole ground for granting bail in a UAPA offence,” he said.
He added that in cases under special statutes where India’s sovereignty and integrity are threatened, the court examines the role of each individual. “In special statutes where the sovereignty and integrity of India have been challenged, threatened, in those cases, the role of each individual has to be seen, and if the gravity of the offences is of such magnitude that it does not justify the grant of bail,” Nair said.
SC Distinguishes Roles of Accused
This comes after the Supreme Court on Monday denied bail to Umar Khalid and Sharjeel Imam in a case pertaining to an alleged larger conspiracy behind the 2020 north-east Delhi riots. However, the SC granted bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, and Mohd. Saleem Khan and Shadab Ahmad.
The Court noted that Umar Khalid and Sharjeel Imam stand on a “qualitatively different footing” both in terms of prosecution and evidence. It noted that their roles were “central” to the alleged offences. As regards these two, though the period of incarceration is continued and long it does not violate the Constitutional mandate or override the statutory embargo under the laws.
Judgment Details
The SC bench of Justices Aravind Kumar and NV Anjaria delivered the judgment on the bail pleas filed by Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmed. Earlier on December 10, the apex court had reserved its verdict after hearing detailed arguments from all parties.
Background of the Case
On September 2, 2025, the Delhi High Court rejected the bail plea of nine accused, including Umar Khalid and Sharjeel Imam, in connection with the case, prompting the defendants to move to the Supreme Court. The High Court had observed that, prima facie, the role of Imam and Khalid in the entire conspiracy was “grave”, having delivered inflammatory speeches on communal lines to “instigate mass mobilisation of members of the Muslim community.”
Umar Khalid, Sharjeel Imam and others were arrested in January 2020 under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) in the Delhi riots case in February 2020. The violence had erupted during the protests against the then-proposed Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) and had left 53 people dead and over 700 injured. (ANI)
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)